California DUI With a Commercial Driver’s License – Vehicle Code 23152(d) VC

Vehicle Code 23152(d) VC is California’s “commercial DUI” law. It makes it a crime to drive a commercial vehicle with a blood alcohol concentration (“BAC”) of .04% or higher.¹

A first-time conviction carries up to six months in jail, $390 to $1,000 in fines, and DUI school.² In addition, your class A, B, or C CDL gets suspended for at least one year.³

This CDL suspension applies even if you get caught drunk driving a non-commercial vehicle.⁴ If you are convicted of a second DUI, you lose your commercial license for life.⁵ This is required by both California and federal law.⁶

To help you better understand the consequences of a commercial DUI, our California DUI defense lawyers discuss the following, below:

• 1. CDLs
• 2. Commercial DUI
• 3. Types of DUI
• 4. Penalties
• 5. Refusing the Chemical Test
• 6. Restricted License
• 7. Defenses
• 8. Plea Bargains
• Additional Resources

1. CDLs

Commercial class A licenses permit you to drive any kind of commercial vehicle.

The California DMV offers three classes of commercial driver’s licenses (CDLs).

The first type of CDL is a commercial class C license. This allows you to drive a class C vehicle with either of the following endorsements:

• HazMat: Hazardous Materials;
• PV: Passenger Vehicle; or
• TV: Tank Vehicle.

Examples of commercial class C vehicles include:

• A double trailer;
• A passenger vehicle that carries more than ten (10) persons including the driver;
• A school bus;
• A tank vehicle;
• A vehicle that carries hazardous substances and requires a placard; and
• In some cases, a farm vehicle.⁷

The second type of CDL is a commercial class B license. This allows you to drive:

• a vehicle with a gross vehicle weight rating of more than 26,000 pounds (such as large trucks),
• any such vehicle towing up to $10,000 pounds, or
• a 3-axle vehicle weight in excess of 6,000 pounds.⁸

The final type of CDL is a commercial class A license. This allows you to drive any class B or class C vehicle, as discussed above.⁹

Note that commercial vehicles do NOT include:

• Recreational vehicles (RVs); or
• Agricultural vehicles operated by people who are not required to obtain driver’s licenses in California.¹⁰

2. Commercial DUI

A commercial DUI is driving a commercial vehicle in California with a BAC of 0.04% or higher. This is true even if you are sober and driving safely.

The 0.04% BAC limit applies only when you are driving a commercial vehicle. When you are driving a non-commercial vehicle (such as a car, motorcycle or small truck), California’s standard “legal limit” of 0.08% applies.

Example: Paul and Steve are big-rig drivers with commercial class A licenses. They meet up one night for a few drinks. Afterward, Steve gets into his car. Paul gets into his 18-wheeler. A few minutes later, they both hit a DUI sobriety checkpoint.

Steve has a BAC of 0.06%. Because he is driving a car, he is below the legal limit of 0.08% and is allowed to drive on. However, Paul has a BAC of 0.05%. Even though his BAC is lower than Steve’s, he is subject to the 0.04% limit because he is driving a commercial vehicle. As a result, Paul is arrested for DUI pursuant to Vehicle Code 23152(d) VC.

Presumption of Guilt

If you are arrested for commercial DUI, California law presumes you are guilty if your breath test or blood test comes back as 0.04% or higher within three hours of you having driven. It may be possible to rebut this presumption with proof that:

• the chemical testing equipment was faulty,
• the police committed misconduct, or
• you have a medical condition that caused a falsely high BAC reading.

3. Types of DUI

You can be convicted of commercial DUI even if you are not impaired.

As discussed above, you commit commercial DUI in California by driving a commercial vehicle with BAC of 0.04% or higher.¹²

As a commercial driver, you still face regular DUI charges in any of the following three circumstances.

1. You are under the influence of alcohol: You drive while your mental or physical abilities are so impaired that you can no longer operate a vehicle with the caution of a sober person using ordinary care under similar circumstances.¹¹
2. You are “per se” DUI: You drive a non-commercial vehicle with a BAC of 0.08% or higher.¹³
3. You are under the influence of drugs: You drive while impaired by drugs¹⁴ or under the combined influence of alcohol and any drug.¹⁵

Commercial DUI is punished the same as non-commercial DUI, as discussed below.

4. Penalties

If there are no injuries, a first commercial DUI in California carries:

• Informal (“summary”) probation for 3 to 5 years,
• Up to 6 months in a county jail,
• Between $390-$1,000 in fines plus penalty assessments, for a total of $1,500 to $2,000,
• A 3-month court-approved alcohol and/or drug education program (AB541 class, also known as “DUI school”), and
• Suspension of your CDL for at least 1 year.¹⁶

Note that a second DUI conviction triggers a lifelong CDL ban.¹⁷

A second California DUI conviction will result in the loss of a commercial driver’s license for life.

DUI resulting in injury

Commercial DUI that results in injury to a third party can be charged under Vehicle Code 23153 VC. This is a wobbler, meaning it can be either a misdemeanor or a felony (at the prosecutor’s discretion).

As a misdemeanor, Vehicle Code 23153 can be punished by:

• Informal (“summary”) probation for 3 to 5 years,
• 5 days to one 1 year in a county jail,
• Between $390-$5,000 in fines,
• A 3-, 9-, 18-, or 30-month court-approved alcohol or drug education program,
• A 1-year or 3-year driver’s license suspension, and
• Payment of victim restitution to injured parties.¹⁸

If charged as a felony, DUI causing injury can be punished by incarceration in the California state prison.¹⁹ In addition, you face:

• Between $1,015-$5,000 in fines,
• 18- or 30-months of DUI school,
• Habitual Traffic Offender (HTO) status under VC 14601.3 for 3 years, and
• A 5-year California driver’s license revocation.²⁰

A felony conviction will also count as a “strike” under California’s “Three Strikes” law if a third party suffers great bodily injury.

5. Refusing the Chemical Test

Refusing to take a chemical test after a drunk driving arrest triggers a one-year CDL revocation (or for three years if you were transporting hazardous materials). A subsequent refusal triggers a lifetime CDL loss (though you can apply for reinstatement after 10 years).²¹

Chemical test refusals carry other penalties as well, as indicated in the following chart:

6. Restricted License

In California, you cannot get a restricted license to drive a commercial vehicle during a period of suspension.

However, you may be able to downgrade to a non-commercial Class C (car) or Class M (motorcycle) license and get a restricted license to drive a non-commercial vehicle.

A restricted license enables you:

• To drive to and from work (other than as a commercial driver),
• To drive yourself and other family members for medical care for any serious medical problem, and/or
• To drive a minor dependent to and from school if no public or school bus transportation is available.

Meanwhile, an IID-restricted license allows you to drive anywhere with an ignition interlock device (IID) installed in the car. An IID is a breathalyzer that disables your vehicle if it detects alcohol on your breath.

For more information, please see California DMV – Application for Restricted Driver License.

7. Defenses

If the police committed misconduct, the court can exclude any evidence they found due to the misconduct.

Fighting a California commercial DUI charge is the same as fighting charges for a regular DUI. In our experience, the following two defenses have proven very effective with judges and prosecutors at getting these charges reduced or dismissed.

The Chemical Test Results Were Inaccurate

Chemical blood or breath test results may seem like ironclad evidence. However, there are a number of reasons why they are often not accurate. These include:

• You suffer from GERD, acid reflux or heartburn, all of which can produce falsely high breathalyzer readings;
• You are on a high-protein diet that “tricked” the breathalyzer;
• You had a rising blood alcohol level at the time of the chemical test, meaning your BAC was lower – and legal – at the time you drove; and/or
• The lab and/or police did not follow the strict procedures for DUI chemical tests set forth in Title 17 of the California Code of Regulations.

The Police Committed Misconduct

Even if you were under the influence, the police must follow proper protocol. If they do not, any incriminating evidence they discovered through unlawful means should be excluded.

Examples of failure to follow proper procedures can include:

• Pulling you over without probable cause for a traffic stop;
• Failure to comply with Title 17 procedures for conducting the chemical test;
• Failure to properly advise you of the consequences of refusing a chemical test; and/or
• Failure to read you your Miranda rights before interrogating you while you are in custody.

8. Plea Bargains

The most common plea agreements involve reducing commercial DUI charges to reckless driving. For more information, see our articles on:

• Wet reckless and
• Dry reckless.
  

Conviction of any form of DUI in California can result in both criminal penalties AND a suspension of the driver’s commercial driver’s license

Additional Resources

For more information, refer to these California DMV articles:

• Commercial Driver Information – General information about how to become a commercial driver in California.
• Commercial Driver’s License – Requirements to get a CDL.
• Commercial Vehicle Registration – Steps for registering a commercial vehicle.
• Commercial Driver’s License Classes & Certifications – Discussion of class A, B, and C CDLs in California.
• Commercial Driver’s License Renewal – Steps for renewing a CDL

Legal References: